-

 

PROXY

The substituted plaintiff successfully obtain an order for writ pending appeal.

In the main appeal the Respondent took up a preliminary objection that there was no proxy filed on behalf of the substituted Plaintiff in the District Court, and there was no proper application before Court to substitute him or even to represent him by an Attorney-at-Law. The substituted Plaintiff submitted that the failure to object in the original Court coupled with the subsequent filing of a proxy cured any defect which may have invalidated the proceedings.

The High Court of Appeal (Civil) Anuradhapura allowed the appeal on the ground that no valid proxy had been before the District Court on behalf of the substituted Plaintiff thereby rendering the judgment dated 02.02.2002 of the District Judge null and void.

Supreme Court held that

Even when an Attorney is incapable of appearing or making applications due to the total failure to file proxy, such default should not in any way affect the validity of the proceedings.

 

 

S. P. GUNATILAKE V. S. P. SUNLL EKANAYAKE CLICK ON THIS TO READ JUDGEMENT

Comments

Post a Comment

Popular posts from this blog

constructive trust - synopsys of a presentation

-
Image
  TRUST - A presentation -  October 29, 2016 786 GALLELAW BLOGGER   [ many authorities cited in this document have been hyperlinked by the blogger to save the precious time of the reader]     "Constructive trust serves as the guardian of the oppressed when the rigidity of written law hinders the pursuit of justice. It embodies the flexibility and moral conscience of the legal system, ensuring that equity prevails where legal technicalities may fall short. By recognizing the rightful claims of those unjustly deprived, constructive trust provides a path to fairness and restores balance, offering hope and remedy to those wronged by the limitations of formal law." - GALLELAWBLOGGER     October 29, 2016   TRUST – synopsis of a presentation made to the District Judges on 24.8.2002 by A W A Salam at the auditorium of the Office of Judicial Service Commission presided over by Justices Udalagama Director of SLJI  ...
Read more

EQUITY SAVES A MAN AND HIS RESIDENCIAL HOUSE- CONSTRUCTIVE TRUST SUPREME COURT RECENT JUDGMENT ARJUNA OBEYSEKERA J

-
Image
  The plaintiff sued the 1st and 2nd Defendants for a declaration of title to the subject matter of the action and ejectment of a landed property. In the amended answer, the 2nd defendant admitted the execution of several deeds affecting the subject matter including one in favour of Odayan Kureishan, but claimed that Kureishan, the 1st defendant, and subsequently the plaintiff, came to hold the property in trust for him [ the 2nd Defendand]​​  The main issue was whether the beneficial interest in the property had been transferred to Odayan Kureishan or if the property was being held in trust for the 2nd  defendant by Kureishan, the 1st defendant, and subsequently the plaintiff. Essentially, the court had to determine if these transactions were actual sales or just loans with the second defendant still owning the property.  The District Court decided that the beneficial interest in the property had not been transferred to Odayan Kureishan. The court held that the prop...
Read more

some selected

-
Image
  Terms of Service · Privacy · Content Policy All Blogs MANAGE GALLELAW BLOGGER 1 minute ago PEIRIS AND ANOTHER v. PERERA AND ANOTHER Sri Lanka Law Reports 2002 - Volume 2 , Page No - 128 *PEIRIS AND ANOTHER v. PERERA AND ANOTHER* *(The blogger's understanding of the judgment is summarized as follows)* *CLICK ON ME* The defendants filed a petition seeking permission to appeal against the orders issued by the District Judge on January 19 and January 24, 2001. They also requested a stay of proceedings in DC Panadura case No. 2794/spl. Initially, the court granted a stay order on January 31, 2001, but later refused to extend it on April 6, 2001, as the dispute involved a right of way. The situation arose from the following facts: The District Judge, through his o...  read more GALLELAW BLOGGER 5 days ago Having exercised jurisdiction the Magistrate is not permitted to revisit the question of breach of peace. The Magistrate is clothed with the jurisdiction to ent...
Read more